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October 7, 2019

Notification of Patents (Amendment) Rules, 2019

Pursuant to the publication of the draft Patents (Amendment) Rules, 2018 for objections/suggestions from the stakeholders in December 2018, the Central Government has now notified the coming into effect of the Patents (Amendment) Rules, 2019.

By way of this amendment, notable changes have been made to the existing rules. The most significant change rendered is with regard to the expansion in scope of the rule pertaining to expedited examination of applications (Rule 24-C) and the corresponding statutory form, 18A. A request for expedited examination of a patent application can now be filed by, inter alia, a small entity, female applicants and department(s) of the Government.

Another significant change pertains to the relaxation provided to PCT applicants who will no longer be required to pay transmittal fee for filing PCT applications, if filings are made through ePCT.

The Patents (Amendment) Rules, 2019 can be accessed at http://www.ipindia.nic.in/writereaddata/Portal/News/569_1_The_Patent_Amendment_Rules_2019_.pdf

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